RESOURCES - SINGLE AND DIVORCING PARENTS

CBS vs NBC and the New York Times on the Goldman case

CBS has called the Goldman case a "custody" battle when, in fact, this is a case about kidnapping. [In his June 2009 decision ordering the immediate return of Sean Goldman to the United States, Brazilian Judge Pinto called the wrongful retention of Sean Goldman by Lins e Silva, Sean's stepfather, a "second kidnapping."]

On the morning of December 24th, the world watched Sean being brought to the US Consulate on foot, being pushed and shoved through hordes of paparazzi. According to the New York Times, "[t]he family had no immediate comment on American charges that they rebuffed offers for a more discreet encounter."

CBS reported as follows:

"According to the lawyer representing Sean Goldman’s Brazilian family, Sergio Tostes, the chaotic scene earlier at the American Consulate Thursday morning was a spectacle put on purposely by the Brazilian family. They wanted a mob of press as Sean arrived for the handover, Tostes said, to protest David Goldman's unwillingness to agree to their request to have Sean's grandmother and attorney fly with him to the United States, and his unwillingness to agree to visitation.

Goldman did not speak to the media on Wednesday, but GlobalPost's Seth Kugel, reporting for CBS News, exclusively interviewed Sergio Tostes - the attorney for Sean Goldman's Brazilian family - Wednesday night in Rio - reported as follows:

"The ruling 'was a very clear and definite position from the highest person in the judiciary in Brazil, so I understood it was the end of the line,' Tostes said. 'Since it came from the highest court in the country and if the decision was rendered by the Chief Justice - out of respect for the judiciary of my country, I said no more appeals. That’s the end of it.' "

CBS went on to report that Tostes said that further appeals would also likely affect the Brazilian family's future relationship with Sean, "so my priority from that moment on was to try to have as smooth a transition as possible."

Continuing, CBS reported:

"But after agreeing that David Goldman would meet Sean's grandmother, Silvana Bianchi, to discuss his habits, his likes and dislikes and some medical issues, and that David would pick up Sean at home rather than meet him at the consulate, discussions broke down over visitation. For instance, the family wanted Bianchi to accompany Sean on the flight to the United States, and wanted to establish some expectation of visitation in the U.S. thereafter.

"Tostes and the Brazilian family are now planning to drive Sean to the U.S. consulate in Rio on Thursday morning around 8:30 a.m., parking the car a block away and walking to the door of the consulate. It is unclear if he will be invited in. Media outlets had previously expected Sean and his family to enter through the consulate garage and not appear in public.

" 'I am doing this … because it will be a media frenzy in the United States,' Tostes said. 'We know very well he will be arriving there Christmas day. This will be the front page in papers in the U.S. and all over the world. We will have a farewell in front of everybody.'

" 'He’s in a state of sadness, of course he is,' Tostes said of Sean. 'We lost the case. We fought as hard as you can imagine. We lost the case.' "

The New York Times article "Boy, 9, and Father are Back in U.S. after Reuniting in Brazil" may be read here.http://www.nytimes.com/2009/12/25/world/americas/25brazil.html?_r=1&ref=world

NBC is the media outlet that really gets it . . . that understands that this is a story about child abduction, not a custody dispute. And they sure get it about protecting a child from the kind of trauma that Tostes and his clients put Sean through yesterday, last week, the last five years. So NBC had a plane in Brazil that was flying to the U.S. and invited David and Sean to take up two empty seats. So what? To allege that the offer of a way out of Dodge ASAP was unethical is ludicrous. Green-eyed jealousy . . . There are all kinds of foundations that offer free flights to people in need. Given the outrageous treatment of Sean and David Goldman this past week, the past five years, by the Brazilian family, I can't think of anyone who needed a lift home more than they did.

It's apparent from in-flight video that both David and Sean Goldman are exhausted. But those are glorious smiles!

OK, faithful readers: I am making a New Years' resolution a little early. I promise not to write about the Goldman case for a while - at least not until after Silvana Bianchi files a complaint for grandparenting time in New Jersey. You have been very patient while I have indulged myself in this cause about which I am so passionate .

Comments

Thank you Jeanne for keeping this in the eye of your peers and for your contributions to our understanding of the case. NBC has a HEART! It didn't surprise me to learn that CBS has or had a biased journalist and producer that was friends with the family. How else could they have ignored the common sense that a child belongs with his parent

I am a father of a 7-year-old and have been following this story for some time. I am amazed and inspired by David Goldman, and find the maternal grandmother and stepfather's conduct appalling (not to mention that of the deceased mom). The best thing that could happen for Sean would be that the Brazilian family would sit back and wait for him to contact them only. Also, that when Sean is old enough, he read and learn about the "facts" behind his father's noble struggle, and the true acts of cruelty inflicted by his brazilian family.

Tim, thanks for your kind words. As you can see, I am passionate about cases such as this one. I think the parental alienation is going to be difficult to resolve - not so much the relationship between David and Sean -- but the damage to what could have been a healthier relationship between Sean and his Brazilian family. Like it or not, there's a tie (albeit, to what appears to be a highly dysfunctional family). However, I am confident that David is well-advised. I thought the decision to keep David out of the spotlight was very smart. Rep. Smith is to be commended for giving up important family time to remain in Brazil, to be the spokesperson to the media, to run the gauntlet with the exchange mess, and to see this case to its emotionally charged end. Kudos to him.

The one thing David won't do, I am sure, is to bad-mouth the Brazilians. Every time someone in a parental role verbally attacks another parent or parent figure, the child feels personally attacked as well. The sometimes tenuous hold on love and affection with that parent who has been left behind needs to be strengthened. But ill-intent clouds the reason of some people. Although it clouded the reasoning of the Brazilian family, I think David is following wise advise and this is going to be a complete success.

Some space . . . some privacy . . . it will come together.

Yesterday, I came across some accounts in the Michigan "Baby Jessica" case . . . These were oral histories of what has occurred in the past 15 years. Anna (as she was re-named by her biological parents) overcame the effects of being transferred from the DeBoers to her biological parents [think news helicopters, searchlights overhead, paparazzi and cameras up close and personal].

The Baby Jessica case was more serious because this child was taken from Iowa when she was a week or so old and returned when she was 2 and 1/2. Developmentally 2 and 1/2 is a terrible time for a separation from primary caregivers. Jessica was slated for a major reactive attachment disorder. But she has apparently thrived in spite of everything.

Children are resilient. Sean has those first 4 years to build on and apparently lots of video and photographs and, of course, his intimate family relationships to help him recover what he lost in the past 5+ years.

Susan, I could not agree more with what you say. NBC has done a stellar job. They get it. CBS still doesn't get it and still reports this as "a custody case." In fact their shameful interview on the Morning Show with Sean's Brazilian stepfather and grandmother in June 2009 prompted me to send the following email to every member of their news and editorial staff, from the top down:

"CBS News needs to do its homework. The article "Boy must stay in Brazil for now, judge says" is as deficient in factual basis as was the soft, overly sympathetic interview of Joao Paulo Lins e Silva and Sean's grandmother on The Morning Show last week. Moreover, it shows a myopic lack of attention to the rule of law.

"The Sean Goldman case is -- plain and simple -- a case about kidnapping. This time it is not a parental kidnapping. Rather, it is a second kidnapping (wrongful detention) of Sean Goldman in Brazil by his stepfather Joao Paulo Lins e Silva. Still, Brazil shirks its duty to return Sean immediately, as Judge Pinto ordered on June 1st.

"Brazil became a Hague Convention signatory on 12/01/2003. Since then over 65 children have been abducted by parents to Brazil and not one has been returned. Brazil's own civil code says that when one parent dies, the other surviving parent (the legal, biological parent) by rule of law is automatically to have custody. Yet, when Sean's mother died, he was not returned to his biological father who has been seeking his custody since 2004.

"Sean's stepfather is himself a Hague Convention lawyer, as is his father. Therefore, every possible defense under the Hague Convention has been raised in the latest proceedings in Brazil. This is a kind of "throw everything against the wall and see if anything will stick" approach. The Brazilian federal court judge, Rafael Pinto, shot all of these defenses (and others equally ludicrous) down. Only the extraordinary and competent advocacy of David Goldman's lawyer, Patricia Apy of Red Bank, New Jersey could have led Judge Pinto to his insightful and competent decisions. Those decisions swept away any serious consideration of the "defenses" raised by Lins e Silva.

"If CBS is too busy to read the 65 page June 1st decision by Judge Pinto holding that Sean should "immediately" be returned to the U.S. and to the custody of David Goldman and Judge Pinto's subsequent June 8th decision describing the parental alienation to which Sean is subjected in Brazil, then I suggest that at the very least CBS might read my summaries. I trust that Patricia Apy will correct me if I have in any way failed to accurately state what Judge Pinto stated -- both as findings of fact and conclusions of law. Contact her if you have any questions. For any news agency to offer up commentary and news stories that ignore the factual details of this case and the rule of law is irresponsible. For a major U.S. news agency such as CBS to do so is incomprehensible. The term "yellow journalism" comes to mind."

That was June -- six months ago. And they still don't get it. In the meantime, I have been spending a lot of time up on my constitutional highhorse.

BTW, I think CBS is blackballing me. Yesterday and today my usename and passwords don't work . . . efforts to correct this problem were fruitless.

NBC has been reporting on David & Sean for over a year with grace, correct facts, and a wonderful presentation. They have shown compassion in their stories that have touched many around the world. Yes around the World... I became a supporter of "Bring Sean Home" a year ago because of NBC, after hearing the cries of a father to bring his son home. I have watched videos and read many articles from many sources and CBS always seemed to not get it right. I have even sent them comments that what they were reporting was incorrect. NBC has gone above and beyond in researching the facts, reporting the correct information, and helping a father in need. There are many more stories just like David & Sean's that need our attention and if you would just visit "Bring Sean Home" you can get many correct facts, and also help in the fight to help many "Left Behind Parents". I believe that if CBS would have done this they could have had a different opinion, correct facts, and possibly an audience. Thanks to NBC, Meredith, Jeff, and all at NBC.

Jeanne:
Give you kudos for tracking this story over the past several months; even a year or more? This is the kind of story that grabs the attention of family law professionals and the general public alike.

I feel so bad for this boy and his father. Not only has the boy lost his mother at such a young age, he undoubtedly made deep connections with his faux-family during the five years he spent down in Brazil.

Also, your emphasis on the family member who also happens to be an "expert" on Parental Alienation "Syndrome" is spot on. What a farce.

I say bravo to NBC, for many things: For choosing to see the value in the story and airing it on Dateline a while back. Remember, it was this Dateline story that got one of the heros, Rep. Chris Smith, involved, and HE has been INVALUABLE for the success of David's effort. For CONTINUING to keep the story in the public, ACCURATELY, with Meredith Viera on the Today show and other stories, over the past few months. For sending a full crew to Brazil this time in support. For having a plane there and offering the ride. I hope David DID cut an exclusive deal with them. It would be a GREAT deal. HE needed their help and support, which they gave in a non-sensational way, and they got a story and gave US an inside view without abusing the situation or putting Sean on the spot.